What is Cancellation of Removal?
What is Cancellation of Removal? How do you apply for it? And what is the process you need to follow to get it?
That’s going to be the subject on today’s tip of the week. First, what is Cancellation of Removal?
This is a defense for non-lawful permanent residents against deportation, and a pathway to a green card for people who are in removal (deportation) proceedings.
So, first, to apply for CoR you MUST BE in removal proceedings, you could say that is the first step. With that in mind, this is how the CoR process goes:
The background check, this is a very much mandatory step in most immigration process for clients of Andres Mejer Law.
And in this case, what you’ll need to prove is this:
- That you have been physically present in the United States continuously for at least ten (10) years,
- You have had a good moral character for 10 years,
- You have not been convicted of certain crimes, and
- To deport you would cause extreme hardship to USC/LPR child, spouse, or parent.
Cancellation of Removal applicants can apply for a work card after filing their EOIR 42B application with USCIS and Immigration court.
To get a work card, there must be proof that the application was filed in both places, not just one.
The next step is to gather all your documents. All documents, even if they are only for a few years, are useful. Some examples of documents that prove continuous presence include:
- Lease contract/agreements for the last 10 years
- Any bills that show continuous charges (month by month)
- Bank account activity/statements for the last 10 years
- Medical/Psychological Records for the last 10 years, including spouse and children
- School attendance records of children for the past 10 years
- W-2 forms from employers
- Records of sending money to family members abroad
- Letters from USC or LPRs stating when they met the applicant. The writer of the letter must clearly say “I am a United States Citizen” or I am a Legal Permanent Resident” (driver’s license preferred)
- Letters for employers stating years the applicant has worked for or with them
- Any other document that documents proving US presence.
For the evidence of good moral character, you must show:
- Copy of taxes for the past 10 years (also relevant for continuous presence)
- Letters of recommendation, showing how good of a person the applicant is. (This could be letters from church, friends, employers, or organizations)
- Copy of all criminal issues, if there are none, then copy of the FBI report showing a clean record.
And finally, Evidence for Extreme Hardship on USC/LPR Family Member:
- Medical records stating a diagnosis, a serious medical condition for as long as they have had it
- Records of counseling or psychologists
- Evidence of special needs in school, (IEP) Individualized Learning Program for all years they have been in the program
- Letters from doctors, psychologist stating how the USC/LPR would suffer if they had to join the applicant in another country or if the applicant was deported.
- Evidence of financial burden deportation would cause the rest of your family, mortgage payments, credit card bills, rent, etc.
After that, you will need to prepare your EOIR 42B application and mail it to USCIS for review.
Once they receive it, you will be getting a receipt confirming that indeed they have received it. If everything is in order USICS will schedule your biometrics appointment.
After you complete this step, you will be able to apply for a work permit. The next step is to file your COR package with supporting documents to the court.
You will then need to have a final hearing at the court, and finally, to complete the process, wait for the judge’s decision, which hopefully, would be positive.
Consulting a New Jersey Immigration Attorney
This is, in a nutshell, how the Cancellation of Removal process goes. As I always mention, every case is different and must be treated based on its specific circumstances.
If you are under a removal process and want to talk about your options on how to cancel it, please reach out, we can discuss the best option for you. Remember, if we can’t help you, we won’t take your money.
Or if there is any other immigration situation you want to discuss, please contact us, we’ll be glad to help you. As always, be healthy and stay well.
My name is Andres Mejer, I’m an immigration attorney in New Jersey and an immigrant myself.
My family and I once were where you are right now. We came to this country with a tourist visa back in the 80’s and overstayed our visa. We lived for a long time without a legal status meaning that my parents couldn’t get a legal job or even a driver’s license. We got scammed by people that said they were going to help us, we lost time and a lot of money for nothing.
And it’s because of that experience that I decided to become a lawyer, to help good people like you, who are fighting hard for their dreams and their family, to achieve legal status here in the U.S.
Remember, the greatest tool you can have is information. If you are prepared and know your rights and options, things will always be easier.
Schedule a consultation with our NJ immigration law firm today to know how we can help.